I have the same problem--my BMI is below 40. However, it is over 35 and I have two comorbidities, as my insurance requires. However, my carrier requires that you have a BMI above 40, or at least 35 with two comorbidities for 5 years. I have had only 1 co-morbidity for 5 years. I thought about gaining weight for about 5 seconds before I dropped the idea. So, it looks like I'll be self-pay, if I proceed.
After a career in human resources administering health care benefits, I can second the comment that health care fraud is nothing to fool around with. It's considered a crime. (Yikes!)